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Fr. Thomas Vs. Thomas J. Padiyath

Court : Kerala

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 199(1) and 500; Code of Criminal Procedure (CrPC) , 1973 - Sections 199(1)

Reported in : 2003(1)ALT(Cri)133; 2003CriLJ945

Cognizance of offences.- Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2of 1974)- (a) No court shall take cognizance of any offence punishable … is competent to file the complaint through his power of attorney holder. 3. The relevant statutory provision is Section 199(1) of the Code of Criminal Procedure. I extract below Section 199(1) and its proviso. '199. Prosecution of defamation.- … the Judicial First Class Magistrate-III Kottayam are the petitioners. They have filed this application under Section 482 of the Criminal Procedure Code to quash the proceedings in the said S.T. 1876 of 2000. They along with three others are the … They have filed this application under Section 482 of the Criminal Procedure Code to quash the proceedings in the said S.T. 1876 of 2000. They

Madhu Limaye Vs. the State of Maharashtra

Court : Supreme Court of India

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 199(2), 199(4), 203, 204(4), 397, 397(1), 397(2), 398, 435 and 482; Indian Penal Code (IPC) - Sections 500; Code of Civil Procedure (CPC) - Sections 115 - Order 14, Rule 2

Reported in : AIR1978SC47; 1978CriLJ165; 1978MhLJ1(SC); (1977)4SCC551; [1978]1SCR749; 1977(9)LC733(SC); AIR 1977 SC 47

199 (2), 199 (4), 203, 204 (4), 397, 397 (1), 397 (2), 398, 435, 476 and 482 of Criminal Procedure Code, 1973, Section 500 of Indian Penal Code, 1860 and Section 115 Order 14 Rule 2 of CPC, 1908 … the Bombay High Court rejecting the application in revision filed by the appellant under Section 397(1) of the CrPC, 1973 hereinafter to be referred to as the 1973 Code or the new Code, on the ground that it

K.V. Shiva Reddy Vs. State of Karnataka and ors.

Court : Karnataka

Subject : Criminal

Acts : Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Sections 3(2); Indian Penal Code (IPC), 1860 - Sections 120B, 143, 144, 147, 148, 149 and 302; Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 24, 24(8), 199(2), 225, 301(1), 301(2), 302, 308, 321, 377 and 386; Constitution of India - Articles 14, 21 and 226

Reported in : 2005CriLJ3000; ILR2005KAR4780; 2005(4)KarLJ22

the records. Though under the provisions of the Code of Criminal Procedure, 1973 the Government has the power to appoint a Special Public Prosecutor in … status and position as well as great powers have been conferred on the office of Public Prosecutor. Under the Criminal Procedure Code, the Public Prosecutor has a special status and his is a statutory appointment. Under some of the provisions … fair manner, heedful of the rights granted to the accused under the laws of the country including the Code. The Prosecutor, while being fully aware of his duty to prosecute the case vigorously and conscientiously, must also … trial in S.C. No. 239 of 2004 for the offences punishable under Sections 120-B, 143, 144, 147, 148 and 302 read with Section 3(2)(v) of … of Shiv Kumar v. Hukam Chand and Anr., 1999 SCC (Cri.) 1277 : (1999)7 SCC 467 :

Ch. Ramoji Rao, Chairman Ramoji Group of Companies and anr. Vs. State ...

Court : Supreme Court of India

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 199, 200 and 482; Indian Penal Code (IPC), 1860 - Sections 499

Reported in : AIR2006SC3384; [2007(1)JCR339(SC)]; 2007(1)OLR(SC)104; 2006(10)SCALE147; (2006)8SCC321

High Court dismissing the application filed by the appellants in terms of Section 482 of the Code of Criminal Procedure, 1973 (in short 'Cr.P.C.'). The prayer was to quash the proceedings in CC No. 2/2006 on the file … The State of Andhra Pradesh represented by Special Public Prosecutor filed a complaint under Section 200 read with Section 199 Cr.P.C. stating that with a common intention intending to harm the reputation of the Government, of its administration, … minister and public servants - Appellants filed a petition under Section 482 CrPC, stating that the complaint was nothing but gross abuse of process of

T. Venkat Ram Reddy Vs. D. Gopalakrishnam Raju and anr.

Court : Andhra Pradesh

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 199, 203, 227, 245, 257, 258 and 321

Reported in : 1994CriLJ1247

199, 203, 227, 245, 257, 258 and 321 of Criminal Procedure Code, 1973 - defamatory material published against first respondent - State Government accorded sanction … by him, the State Government accorded sanction under section 199 of the Code of Criminal Procedure to prosecute the accused and Special Public Prosecutor, Sri … He is the aggrieved person. Pursuant to the application filed by him, the State Government accorded sanction under section 199 of the Code of Criminal Procedure to prosecute the accused and Special Public Prosecutor, Sri Sitapathi was also … criminal justice against possible abuse or misuse by the Executive by resort to the provisions of Section 321, Criminal Procedure Code. The independence of the Judiciary requires that once the case has travelled to the Court, the Court and

Viraf N. Chiniwala Vs. Amy N. Irani and Another

Court : Mumbai

Subject : MRTP

of the offence alleged of the year 2004 is beyond the period of limitation. 8. Section 468 of the Criminal Procedure Code, 1973 contemplates: œ468. Bar to taking cognizance after lapse of the period of limitation: (1) .... (2) The … to writing and shall be signed by the complainant and the witnesses, and also by the Magistrate:? 11. Section 199 sub-clause (3) of the Cr.P.C. contemplates as follows:- œ199. Prosecution for defamation - (3) Every complaint referred to … the offence punishable under Sections 500, 504 and 506 of Indian Penal Code. 6. Being aggrieved by the said issuance of process, the petitioner had

Viraf N. Chiniwala Vs. Amy N. Irani and Another

Court : Mumbai

Subject : MRTP

of the offence alleged of the year 2004 is beyond the period of limitation. 8. Section 468 of the Criminal Procedure Code, 1973 contemplates: œ468. Bar to taking cognizance after lapse of the period of limitation: (1) .... (2) The … to writing and shall be signed by the complainant and the witnesses, and also by the Magistrate:? 11. Section 199 sub-clause (3) of the Cr.P.C. contemplates as follows:- œ199. Prosecution for defamation - (3) Every complaint referred to … the offence punishable under Sections 500, 504 and 506 of Indian Penal Code. 6. Being aggrieved by the said issuance of process, the petitioner had

Shri Vijay Vishwanath Kuvalekar Vs. Shri Suresh Raghunathrao Kalkundri ...

Court : Mumbai

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 499 and 500; Code of Criminal Procedure (CrPC) , 1973 - Sections 190, 195, 196, 197, 198, 199(1) and 482; Constitution of India - Article 227

Reported in : 2000(5)BomCR402

4 of the Indian Penal Code, 1860 - Further, in view of provisions of Section 199 (1) of the Criminal Procedure Code, 1973, the complaint by a person other that the aggrieved person was not tenable. - CODE OF CRIMINAL … for defamation:---(1) No Court shall take cognizance of an offence punishable under Chapter XXI of the Indian Penal Code (45 of 1860) except upon a complaint made by some person aggrieved by the offence. Provided that where

Kodati Ramana Alias Venkatarama Rao and ors. Vs. the Station House Off ...

Court : Andhra Pradesh

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 156(3) and 195; Indian Penal Code (IPC), 1860 - Sections 109, 181, 182, 192, 193, 195(1), 199, 200, 205, 211, 228, 423, 465, 466, 467, 468, 471, 475 and 476

Reported in : 1991(3)ALT354; 1992CriLJ680

Advocate's fee Rs. 300/-. 27. Petition partly allowed. Criminal - cognizance - Sections 156 (3) and 195 of Criminal Procedure Code, 1973 and Sections 109, 181, 182, 192, 193, 195 (1), 199, 200, 211, 228, 423, 465, 466, 467, … referring the complaint to the Station House Officer, Penpahad Police Station, the 1st respondent, u/S. 156(3) of the Code of Criminal Procedure for investigation, which was registered as Crime No. 25 of 1990, as illegal and consequently … (a) ...................................... (b)(i) of any offence punishable under any of the following sections of the Indian Penal Code (45 of 1860), namely, Ss. 193 -

Prem Pal Singh and ors. Vs. Phool Singh and anr.

Court : Rajasthan

Subject : Criminal

Reported in : 1980WLN483

N.M. Kasliwal, J.1. This petition under Section 482 Criminal Procedure Code, 1973, is to quash the proceedings before the Judicial Magistrate No. 5, … sanction has been obtained frorn the CentralGovernment or of the State Government, as required under Section 196(1)(a) of the Criminal Procedure Code can take cogaizance of such offence without obtaining the sanction of, the above authority. The learned Magistrate was, … the maintainability of the complaint on the ground that it was not in accordance with the provisions of Section 199 Cr. P.C. and no list of witnesses was filed before issuing process of the complaint and the complaint